[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 53010-53011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20799]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RTID 0648-XB417


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure of the Atlantic bluefin tuna General 
category September fishery for 2021.

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SUMMARY: NMFS closes the General category fishery for large medium and 
giant (i.e., measuring 73 inches (185 cm) curved fork length or 
greater) Atlantic bluefin tuna (BFT) for the September subquota time 
period until the General category reopens on October 1, 2021. Given 
that the General category September subquota will be closed by this 
action through the end of September, NMFS is also waiving previously-
designated restricted-fishing days (RFDs) for the rest of September. 
The fishery will reopen on October 1, 2021, and the previously-
designated RFDs will resume on October 1, 2021. This action applies to 
Atlantic Tunas General category (commercial) permitted vessels and HMS 
Charter/Headboat permitted vessels with a commercial sale endorsement 
when fishing commercially for BFT.

DATES: Effective 11:30 p.m., local time, September 23, 2021, through 
September 30, 2021.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., 301-427-8503, 
Nicholas Velseboer, 978-281-9260, or Lauren Latchford, 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT 
fisheries, are managed under the authority of the Atlantic Tunas 
Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 
U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS Fishery 
Management Plan (FMP) and its amendments are implemented by regulations 
at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota 
recommended by the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) and as implemented by the United States among 
the various domestic fishing categories, per the allocations 
established in the 2006 Consolidated HMS FMP and its amendments. NMFS 
is required under the Magnuson-Stevens Act to provide U.S. fishing 
vessels with a reasonable opportunity to harvest quotas under relevant 
international fishery agreements such as the ICCAT Convention, which is 
implemented domestically pursuant to ATCA.
    Under Sec.  635.28(a)(1), NMFS files a closure action with the 
Office of the Federal Register for publication when a BFT quota (or 
subquota) is reached or is projected to be reached. Retaining, 
possessing, or landing BFT under that quota category is prohibited on 
or after the effective date and time of a closure notice for that 
category until the opening of the relevant subsequent quota period or 
until such date as specified.

Closure of the September 2021 General Category Fishery

    The 2021 baseline quota for the General category is 555.7 mt. The 
General category baseline subquota for the September time period is 
147.3 mt. NMFS recently increased the September subquota to 207.3 mt 
through an inseason quota transfer (86 FR 51016, September 14, 2021). 
This transfer provided additional quota for the September time period 
and also addressed an 53.8 mt overharvest from previous time-period 
subquotas.
    As of September 21, 2021, reported landings for the General 
category September subquota time-period total approximately 161.6 mt. 
Based on these landings data, as well as average catch rates and 
anticipated fishing conditions, NMFS projects the adjusted September 
2021 subquota of 207.3 mt will be reached shortly. Therefore, 
retaining, possessing, or landing large medium or giant (i.e., 
measuring 73 inches (185 cm) curved fork length or greater) BFT by 
persons aboard vessels permitted in the Atlantic Tunas General category 
and HMS Charter/Headboat permitted vessels (while fishing commercially) 
must cease at 11:30 p.m. local time on September 23, 2021. The General 
category will automatically reopen October 1, 2021, for the October 
through November 2021 subquota time-period. This action applies to 
Atlantic Tunas General category (commercial) permitted vessels and HMS 
Charter/Headboat permitted vessels with a commercial sale endorsement 
when fishing commercially for BFT, and is taken consistent with the 
regulations at Sec.  635.28(a)(1). The intent of this closure is to 
prevent overharvest of the available September subquota.

[[Page 53011]]

Adjustment of Daily Retention Limit for Selected Dates

    On August 9, 2021 (86 FR 43421), NMFS published a final rule 
implementing RFDs every Tuesday, Friday, and Saturday through November 
30, 2021. Because the fishery will be closed for the remainder of 
September, NMFS has decided to waive the previously-scheduled RFDs for 
the rest of September. RFDs will resume on October 1, 2021.
    With the RFDs waived during the closure, consistent with Sec.  
635.23(a)(4), fishermen aboard General category permitted vessels and 
HMS Charter/Headboat permitted vessels may tag and release BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec.  635.26. All BFT that are released must be 
handled in a manner that will maximize their survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely. Dealers 
are required to submit landing reports within 24 hours of a dealer 
receiving BFT. Late reporting by dealers compromises NMFS' ability to 
timely implement actions such as quota and retention limit adjustment, 
as well as closures, and may result in enforcement actions. 
Additionally, and separate from the dealer reporting requirement, 
General and HMS Charter/Headboat category vessel owners are required to 
report the catch of all BFT retained or discarded dead within 24 hours 
of the landing(s) or end of each trip, by accessing 
hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling 
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
    After the fishery re-opens on October 1, depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that 
additional adjustments are necessary to ensure available subquotas are 
not exceeded or to enhance scientific data collection from, and fishing 
opportunities in, all geographic areas. If needed, subsequent 
adjustments will be published in the Federal Register. In addition, 
fishermen may call the Atlantic Tunas Information Line at (978) 281-
9260, or access hmspermits.noaa.gov, for updates on quota monitoring 
and inseason adjustments.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken pursuant to 50 CFR part 635, which 
was issued pursuant to section 304(c), and is exempt from review under 
Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that pursuant to 5 
U.S.C. 553(b)(B), there is good cause to waive prior notice of, and an 
opportunity for public comment on, this action for the following 
reasons:
    The regulations implementing the 2006 Consolidated HMS FMP and 
amendments provide for inseason retention limit adjustments to respond 
to the unpredictable nature of BFT availability on the fishing grounds, 
the migratory nature of this species, and the regional variations in 
the BFT fishery. This fishery is currently underway and delaying this 
action would be contrary to the public interest as it could result in 
BFT landings exceeding the adjusted September 2021 General category 
quota. For all of the above reasons, there is good cause under 5 U.S.C. 
553(d) to waive the 30-day delay in effectiveness.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: September 21, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-20799 Filed 9-21-21; 4:15 pm]
BILLING CODE 3510-22-P